D 619 

3 

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1917f 
Copy 1 



Metal Ed^e, Inc. 2006 RAT. 



65th Congress, \ HOUSE OF REPRESENTATIVES, j Report 

1st /Session. \ ] No. 65. 



D 619 
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Copy 1 



ESPIONAGE BILL. 



May 29, 1917. — Ordered to be printeil. 



Mr. Webb, from the committee of conference, submitted the following 

CONFERENCE REPORT. 

[To iiccoinpany H. K. 291.] 



. The committee of conference on the disagreeing votes of the two 
Houses on the amendment of the Senate to the bill (H. R. 291) to 
punish acts of interference with the foreign relations, the neutrality, 
and the foreign commerce of the LTnited States, to punish espionage, 
and better to enforce the criminal laws of the LTnited States, and for 
other purposes, having met, after full and free conference have 
agreed to recommend and do recommend to their respective Houses 
as follows: » 

That the House recede from its disagreement to the amendment 
of the Senate and agree to the same with an amendment as follows : 

In lieu of the matter inserted by said amendment insert the fol- 
lowing : 

Title /. 

Espionage. 

Section 1. 2'hat {o) whoever, for the purpose of ohtaining in- 
fformation resjjecting the national defense ivlth intent or reason to 
believe tJuit the information to he obtained is to he used to the 
injury of the United States, or to the advantage of any foreign 
iiation, goes upon, enters, flies over, or otherwise obtains information 
concerning any vessel, aircraft, work of defense, Tuivy yard, naval 
station., submarine base, coaling station, fort, battery, torpedo sta- 
tion, dockyard, canal, railroad, arsenal, camp, factory, mine, tele- 
graph, telephone, wireless, or signed station, building, office, or other 
place connected with the national defense, oioned or constructed, 
or in progress of construction by the ZInited States or under the 
control of the United States, or of any of its officers or agents, or 
within tJie exclusive jurisdiction of the United States, or any place 
in which any vessel, aircraft, arm^, munitions, or other materials or 
iii.^truments for use in time of war are being made, prepared, repaired ,, 



1 



'A 

2 ESPIONAGE BILL. .'j\^ 

or stored., under any contract or obgreement with the United States., or 
with any person on hehalf of the United States, or otherwise on 
hehalf of the United States, or any prohibited place within the 
'meaning of section seven of this title; or {h) whoever for the pur- 
pose aforesaid, and with like intent or reason to believe, copies, fakes, 
makes, or obtains, or attempts, or induces or aids another to copy, 
take, make, or obtain, any sketch, photograph, photographic nega- 
tive, blue print, plan, map, models instrument, appliance, document, 
■writing, or note of anything connected with the national defense; 
or {c) whoever, for the purpose aforesaid, receives or obtains or 
agrees or attempts or induces or aids another to receive or obtain 
from a.ny person, or frorn any source whatever, any document., writ- 
ing, code book, signal book, sketch, photography photograp\hic tvega- 
tive, blue print, plan, map, model, instrument, appliance, or note, 
of anything connected with the national defense, knowing or having 
reason to believe, at the time he receives or obtains, or agrees or 
attempts or induces or aids another to receive or obtain it, that it 
has been or will be obtained, taken, made or disposed of by any 
l-'crson contrary to the provisions of this title; or {d) whoever, law- 
fully or unlawfully having possession of, access to, control over, 
or being intrusted with any document, ivriting. code book, signal 
book, sketch, photograph, photographic negative, blue print, plan, 
map, model, instrument, appliance, or note relating to the national 
defense, willfully communicates or transmits or attempts to com- 
taunicate or transinit the same to any person not entitled to receive 
it. or willfully retains the same and fails to deliver it on demand 
to the officer or employee of the United States entitled to receive it; 
or (e) whoever, being intrusted with or having lawful possession or 
control of any document, writing, code book, signal book, sketch, 
photograph, photographic negative, blue pHnt, plan, tnap, model, 
note, or information, relating to the national defense, through gross 
negligence permits the same to be removed from its proper place 
of custody or delivered to anyone in violation of his trust, or to be 
lost, stolen, abstracted, or destroyed, shall be punished by a fine of 
not more than $10,000, or by impinsonmf'nt for not more than two 
years, or both. 

Sec. 2. {a) Whoever, with intent or reason to believe that it is to 
be used to the injury of the United States or to the advantage of a 
foreign nation, communicates, delivers, or transmits, or attempts to, 
or aids or induces another to, communicate, deliver, or transmit, to 
any foreign government, or to any faction or party or military or 
naval force within a foreign country, whether recognized or unrecog- 
nized by the United States, or to any representative, officer, agent, em- 
ployee, subject, or citizen thereof, either directly or indirctly, anij 
document, writing, code book, signal book, sketch, photograph, photo- 
graphic negative, blue print, plan, map, model, note, instr'mnent, ap- 
pliance, or information rela}ing to the national defense, shall be 
punished by imp7nsonment for 7iot more than twenty years: Provided. 
That whoever shall violate the provisions of subsection {a) of this 
section in time of war shall be punished' by death or by itnprisoTi/tnent 
for not more than thirty years; and (b) whoever, in time of war. 
with intent that the same shall be communicated to the enemy, shall 
collect, record, publish, or communicate, or attenvpt to elicit any in- 
formation with 7'espect to the tnovement, numbers, description, con- 

D. Of'.D. 



ESPIONAGE BILL. 3 

■1 dition, or disposition of any of the arnfied forces^ skips, aircraft, or 
^war materkds of the United /States, or with respect to the plans or 
^ conduct, or supposed plans or conduct of any naval or military opera- 
* tions, or with respect to any works or measures undertaken for or con- 
nected with, or intended for the fortification or defense of arvy place, 
or any other information relating to the puhlic> defense, which might 
he useful to the enemy, shall be punished by death or by imprison- 
ment for not more than thirty years. 

Sec. 3. Whoever, when the United States is at war, shall willfully 
make or concey false reports or false statements with intent to inter- 
fere with the operation or success of the militai^y or naval forces of 
the United States or to promote the success of its enemies and who- 
ever, when the United States is at war, shall willfully cause or at- 
tempt to cause insubordination, disloyalty, mutiny, or refusal of duty, 
in the military or naval forces of the United States, or shall willfully 
obstruct the recruiting or enlistment service of the United States, to 
the injury of the service or of the United States, shall be punished 
by a fine of not mare than $10,000 or imprisonment for not more than 
twenty years, or both. 

Sec. If.. AY hen the United States is at war, the puhlishing willfully 
of information with respect to the moverrhent, numbers, description, 
or disposition of any of the armed forces of the United States in 
'naval or military operations, or with respect to any of the works in- 
tended for the fortification or defense of any place, lohich infoiyna- 
tion is useful to the enemy, is hereby prohibited ; and the President 
may from time to time by proclam,ation declare the character of 
such above described information which in his opinion is not useful 
to the enenfiy, and thereupon it shall be latoful to publish the same. 
In any prosecution hereunder the jury trying the cause shall deter- 
mine not only whether the defendant did willfully publish such in- 
formation but also whether such information was of such character 
as to be useful to the enemy: Provided, That 'nothi7ig in this section 
shall be constimed to limit or restrict any discussion, comment, or 
criticism of the a-cts or policies of the Governm£nt or its representa- 
tives or the publication of the same, if such discussion, comment, or 
criticism docs not disclose information herein prohibited. 

Whoever violates this section shall, upon conviction thereof, be 
punished by a fine of not more than $10,000 or by imprisonment for 
not more than five years, or both. 

Sec. 5. If two or more persons conspire to violate the provisions 
of sections two or three of this title, and one or more of such persons 
does any aet to effect the object of the conspiracy, each of the parties 
to such conspiracy shall be punished as in said sections provided in 
the case of the doing of the act the accomplishment of which is the 
object of such conspiracy. FJxcept as above provided conspiracies 
■ to com.mit offenses under this title shall he punished as provided by 
section thirty-seven of the Act to codify, revise, and am^nd the 
penal la.ws of the United States approved March fourth, nineteen 
hundred and nine. 

Sec. 6. Whoever harbors or conceals any person who he knows, or 
has reasonable grounds to believe or suspect, has committed., or is 
ahout to commit, an offense under this title shall be punished by a 
fine of not more than $10,000 or by imprisonment for not more than 
two years, or both. 



. / 



4 ESPIONAGE BILL. 

See. 7. The President in time of war or in case of national emer- 
gency may hy proclamation designate any jjlace other than those 
set forth in suhsection (a) of section one hereof in which anything 
for the use of the Army or Navy is being prepared or constructed or 
stored as a prohibited, place for the purposes of this title: Provided^ 
That he shall determine that information with respect thereto would 
be prejudicial to the national defense. 

Sec. 8. Nothing contained, in this title shall be deemed to limit 
the jurisdiction of the general courts-tnartial., n^ilitary commissions^ 
or naval courts-martial under sections thirteen hundred and forty- 
two, thirteen hundred arid forty-three, and sixteen hundred and 
twenty-four of the Revised Statutes as amended. 

Sec. 9. The provisions of this title shall extend to all territories, 
■possessions, and places subject to the jurisdiction of the United 
States whether or not contiguous thereto, and offenses binder this title 
when committed upon the high seas or elsewhere within the ad- 
miralty and inaritime jurisdiction of the United States and outside 
the territorial limits thereof shall be punishable liereunder. 

Sec. 10. The Act entitled ^^An Act to prevent the disclosure of 
national-defense secrets,^'' approved March third, nineteen hundred 
and eleven, is hereby repealed. 

Title II. 

Vessels in ports of the United States. 

Section 1. Whenever the President by proclamation or Executive 
order declares a national emergency to exist by reason of actual or 
threatened war, insurrection, or invasion, or disturbance or threat- 
ened disturbance of the international relations of the United States, 
the Secretary of the Treasury may make, subject to the approval of 
the President, rules and regulations govertxvng the anchorage and 
movement of any vessel, foreign or domestic, in the territonal waters 
of the United States, may inspect such vessel at any time, place 
guards thereon, and, if necessary in his opinion in order to secure 
such vessels from damage or injury, or to prevent damage or injury 
to any harbor or ivaters of the United States, or to secure the observ- 
ance of the rights and obligations of the United States, may take, 
by and with the consent of the President, for such purposes, full pos- 
session and control of such vessel and remove therefrom the officers 
ami crew thereof and all other persons not specially authorized by 
him to go or remain on board thereof. 

Within the territory and waters of the Caned Zone the Governor 
of the Panama Canal, with the approval of the President, shall exer- 
cise all the powers conferred by this section on the Secretary of the 
Treasury. 

Sec. 2. If any owner, agent, master^ officer, or person in charge, or 
any memher of the crew of any such vessel fails to comply with any 
regulation or rule issued or order c/iven by the Secretary of the 
Treasury or the Governor of the Panama Canal under the provisions 
of this tttle, or obstructs or interferes with the exercise of any ponder 
conferred by th^s title, the vessel, together with her tacllc apparel 
f multure, and equipment, shcdl be subject to seizure and forfeiture to 
the United States m the same manner as merchandise is forfeited for 



ESPIONAGE BILL. 5 

violation of the customs revenue laws; and the person guilty of such 
failure, ohsiruction, or interference shall he fined not more than 
$10,000, or imprhoned not more than two years, or hoth. 

Sec. 3. It shall he unlawful for the owner or master or any other 
person in charge or command of any private vessel, foreign or do- 
mestic, or for any member of the. crew or other person, within the 
territorial waters of the United States, willfully to cause or permit 
the destruction or injury of such vessel or knowingly to permit said 
■'•essel to he used as a place of resort for any person conspiring with 
o/nother or preparing to commit any offense against the United' 
States, or in violation of the treoMes of the United States or of the 
ohligations of the United States under the law of nations, or to de- 
fraud the United States, or knowingly to permit such vessels to he 
used in violation of the rights and ohligations of the United States 
under the law of nations; ojnd in case such vessel shall he so used, with 
the knowledge of the owner or master or other person in charge or 
command thereof, the vessel, together with her tackle, apparel, furni- 
ture, and equipment, shall he suhject to seizure and, forfeiture to the 
United, States in the same manner as merchamdise is forfeited for 
violation of the customs revenue laws; and ivhoever violates this sec- 
tion shall he fined not more than $10,000 or imprisoned not more than 
two years, or hoth. 

Sec. Jf.. The President may employ such part of the land or naval 
forces of the United, States as he may deem necessary to carry out 
the purpose of this title. 

Title III. 

Injuring vessels engaged in foreign commerce. 

Section 1. Whoever shall set fire to any vessel of foreign registry, 
or any vessel of American registry entitled to engage in commerce 
with foreign nations, or to any vessel of the United, States as defined 
in section three hundred and ten of the Act of March fourth, nineteen 
hundred and nine, entitled '■''An Act to codify, revise, and amend the 
penal laws of the United States,'''' or to the cargo of the same, or 
shall tamper with the motive power or instrumentalities of naviga- 
tion of such vessel, or shall place hombs or explosives in or upon such 
vessel, or shall do any other act to or upon such vessel while within 
the jurisdiction of the United States, or, if such vessel is of American 
registry, while she is on the high sea-, with intent to injure or en- 
danger the safety of the vessel or of her cargo, or of persons on hoard, 
tohether the injui'y or danger is so intended, to take place within the 
jurisdiction of the Uyiited. States, or after the vessel shall have 
departed therefrom ; or whoever shall attempt or conspire to do aviy 
such acts laith such intent, shall he fined not more than $10,000 or 
imprisoned not more than twenty years, or hoth. 

Title IV. 

Interference tvith foreign co7?7me7'ce hy violent means. 

Section 1. Whoever., when the United States is at war, shall will- 
fully prevent, interfere with, or ohstiruct or attempt to prevent,, 
interfere with, or ohstruct the exportation to foreign countries of 



6 ESPIONAGE BILL. 

articles from the United States hy injuring or destroying, hy fire 
or explosives, such articles or the places ichere they may he while 
in such foreign commerce, shall he fined not more than $10,000, or 
imprisoned not more than ten years, or hoth. 

Title V. 
Enforcement of neut7'ality. 

Section 1. During a war in which the United States k a neutral 
nation, the President, or any person thereunto authorized hy him, 
may withhold clearance from or to any vessel, domestic or ^ foreign, 
which is required hy law to secure clearance hefore departing from 
port or from the jurisdiction of the United States, or. hy service of 
formal notice upon the owner, master, or person in command or 
having charge of any domestic vessel not required hy law to secure 
clearances hefore so departing, to forhid its departure from port or 
from the jurisdiction of the United States, whenever there is reason- 
ahle cause to helieve that any such vessel, domestic or foreign, 
whether requiring clearance or not, is about to carry fuel, arms, 
ammunition, men, supplies, dispatches, or information to any war- 
ship, tender, or supply ship of a foreign helligerent nation in viola- 
tion of the laivs, treaties, or ohligations of the United States umder 
the law of nations; and it shall thereupon he unlaioful for such 
vessel to depart. 

Sec. 2. During a war in which the United States is a neutrcd na- 
tion, the President, or any person thereunto authorized hy him, may 
detain any arm^d vessel owned wholly or in part hy Amercan citi- 
zens, or any vessel, domestic or foreign {other than one which has 
entered the ports of the United States as a puhlic vessel), tvhich is 
mmiifestly huilt for warlike purposes or has heen converted or 
adapted from a private vessel to one suitable for warlike use, until 
the owner or master, or person having charge of such vessel, shall 
furnish proof satisfactory to the President, or to the person duly 
authorized hy Mm, that the vessel will not he employed hy the said 
owners, or master, or person having charge thereof, to cruise against 
or commit or attempt to comm^it hostilities upon the subjects, citi- 
zens, or property of any foreign prince or state, or of any colmiy^ 
district, or people with which the United States is at peace, and that 
the said vessel will not he sold or delivered to any helligerent nation, 
or to an agent, officer, or citizen of such nation, hy them or any of 
them, ivithin the jurisdiction of the United States, or, having left 
that jurisdiction, upon the high seas. 

Sec. 3. During a war in which the United States is i neutral na:- 
tion, it shall he unlawful to send out of the jurisdiction of the United 
States any vessel huilt, armed, or equipped as a vessel of war, or con- 
verted from a private vessel into a vessel of war, with any intent or 
under any agreement or contract, written or oral, that such vessel 
shall he delivered to a helligerent nation, or to an agent, officer, or 
citizen of sueh nation, or with reasonable cause to helieve that the 
■said vessel shall or will he employed in the service of any such hellig- 
erent nation after its departure from the jurisdiction of the United 
States. 



ESPIONAGE BILL. 7 

Sec. 4- louring a war in which the United States is a neutral na- 
tion, in addition to the facts required hy sections forty-one hundred 
and ninety -seven, forty-one hundred and ninety-eight, and forty-tiro 
hundred of the Revised Statutes to J>e set out in the masters' and ship- 
pers' nmnifests before clearance will be issued to vessels bound to 
fareign points, each of which sections of the Revised Statutes is hereby 
declared to be and is continued in full force aiul effect., every muster 
or person having charge or command of any vessel., domestic or 
foreign., whether requiring clearance or not, b'efore departure of such 
vessel from port shall deliver to the collector of customs for the dis- 
trict wherein such vessel is then located a statement duly verified 
by oath, that the cargo or any part of the cargo is or is not to be de- 
livered to other vessels in port or to be transship ped on the high seas 
and, if it is to be so delivered or transshipped, stating the kind and 
quantifies and the value of the total quantity of each kind of article 
so to be delivered or ttYmsshipped, and the ?utme of the person, cor- 
poration, vessel., or government., to whom the delivery or transship- 
ment is to be made; and the owners, shippers, or consignors of the 
cargo of such vessel shdl in the same manner and wnder the same 
conditions deliver to the collector like statements under oath as to the 
cargo or the parts thereof laden or shipped by them, respectively. 

See. 0. Whenever it appears that the vessel is not entitled to clear- 
ance or whenever there is reasonable cause to believe that the addi- 
tional statements under oath required in the foregoing section are 
false, the collector of customs for the distri^ct in which the vessel is 
located may., subject to revietv by the Secretary of C om/tnerce., refuse 
clearance to any vessel, doTnestic or foreign, and by forTnal notice 
served upon the owners, master, or person or persons in command 
or charge of any domestic vessel fm^ which clearance is not required 
by law.^ forbid the departure of the vessel from the port or from, the 
juHsdiction of the United States; and it shaR thereupon be unlawful 
for the vessel to depart. 

Sec. 6. Whoever., in violation of any of the provisions of this title. 
shall take, or attempt or conspire to take., or authorize the taking of 
any such vessel., out of port or from the jurisdiction of the United 
States, shall be fined not more than $10,000 or imjmso-ned not more 
than five years, or both; and, in addition, such vessel, her tackle, 
apparel, furniture, equipment, and her cargo shall be forfeited to 
the United States. 

Sec. 7. Whoever, being a person belonging to the armed land or 
naval forces of a belligerent nation or belligerent faction of any 
nation and being interned in the United States, in accordance with 
the law of natioris, shall leave w attempt to leave said jurisdiction^ 
oi' shall leave or attempt to leave the limits of i7itemment in which 
freedom of movement has been allowed, without permission from, 
the proper official of the United States in charge, or shall willfully 
overstay a lea-ve of absence granted by such official, shall be subject 
to arrest by any marshal or deputy marshal of the Uniteel States, 
or by the military or naval authorities thereof, and shall be returned 
to the place of internment and there confined and safely kept for such 
peHod of time as the official of tlie United States in charge shall 
direct; and whoever, within the jurisdiction of the United States and 
subject thereto, shall aid or entice any interned person to escape 
or attempt to escape from the jurudiction of the United States, or 



8 ESPIONAGE BILL. 

from the limits of internment yrescribed^ shall l>e fined not more 
than $1,000 or imprisoned not more than one year, or hoth. 

Sec. 8. Section thirteen of the Act entitled ''An Act to codify, 
revise, and amend the. ])enal Icuws of the United States^'' approved 
March fourth, nineteen hundred and nine, is hereby amended so as 
to read as follov)s: 

''Sec. 13. Whoever, within the tei'ritory or jurisdiction of the 
United States or of any of its possessions, knowingly hegins or sets 
on foot or provides or prepares a means for or furnishes the -money 
for, or who takes part in, any military or naval expedition or enter- 
jjrise to he carried on from thence against the territory or dominion 
of any foreign prince or state, or of any colony, district, or people 
tvith whom the United States is at peace, shall he fined not trhore tfian 
$3,000 or imprisoned not more than three years, or hoth.'''' 

Sec. 9. That the President nuvy eiwploy such part of the land or 
naval forces of the United States as he may deem necessary to carry 
out the purposes of this title. 

Sec. 10. Section fifteen of the Act entitled '•'An Act to codify, re- 
vise, and amend the penal laws of the United States,^'' approved 
March fourth, nineteen hundred and nine, is hereby amended so as 
to read as follows: 

" Sec. 16. It shall he lawful for the President to employ such part 
of the land or naval forces of the Zhiited States, or of the militia 
thereof, as he may deem, necessary to com^pel any foreign vessel to 
depart from the United States or any of its possessions in all cases 
in which, hy the law of nations or the treaties of the United States, 
it ought not to remain, and to detain or prevent any foreign vessel 
from so departing in all cases in which, hy the law^ of nations or 
the treaties of the United States, it is not entitled to depart.'''' 

Sec. 11. The joint resolution approved March fourth, nineteen hun- 
dred and fifteen, " To empower the President to hetter enforce and 
viaintainthe neutrality of the United States,'" and any Act or parts 
of Acts in conflict with the provisions of this title are hereby re- 
pealed. 

T'itle VI. 

Seizure of arms and other articles intended for export. 

Sectio7h 1. Whenever an attempt is m.ade to export or ship from. 
or take out of the United States, any arms or munitions of war, or 
other articles, in violation of law, or whenever there shall he known 
or probahle cause to believe that any such arms or munitions of war, 
or other articles, are beiyig or are intended to be exported, or shipped 
from, or taken out of the United States, in violation af law, the 
several collectors, naval officers, surveyors, inspectors of customs, 
and marshals, and deputy marshals of the United States, and every 
other person duly authori-zed for the purpose by the President, may 
seize and detain any articles or munitions of war about to be exported 
or shipped from, or taken out of the United States, in violation of 
law,^ and the vessels or vehicles containing the same, and retain pos- 
session thereof until released or disposed of as hereinafter directed. 
If upon due iiiquiry as hereinafter provided, the property seized 
shall appear to have been about to be so unlawfully exported, shipped 
from, or taken out of the United States, the same shall be forfeited 
to the United States. 



ESPIOJSTAGE BILL. 9 

Sec. 2. It shall he the duty of the person making any seizure under 
this title to apply., ivith due diligence, to the judge of the district 
court of the United States, or to the judge of the United States dis- 
trict court of the Cannl Zone., or to the judge of a couit of first 
insta)ice in the Philippine Islands, having jurisdiction over the place 
within tahich the seizure is made, for a. 'WaJTant to justify the further 
detention of the j^roperty so seized, which wan^ant shall he granted 
only on oath or affirmation showing that there is known or prohahle 
cause to helieve that the property seized is heing or is intended to 
he exported or shipped fro^n or taken out of the United' Stales in 
violation of law; and if the judge refuses to issue the warrant, or 
application therefor is not made hy the person making the seizure 
within a reasonable time, not exceeding ten days after the seizure, 
the property shall forthunth he restored to the owner or person from 
whom seized. If the judge is satisfied that the seizure was justified 
under the provisions of this title and issues his warrant accordingly , 
then the property shall he detained hy the person seizing it until the 
President, %oho is herehy expressly authorized so to do., orders it to he 
restored to the owner or clainMnt, or u/ntil it is discharged in due 
course of law on petition of the claimant, or on trial of condemnation 
proceedings, as hereinafter provided. 

Sec. 3. The owner or claimant of any property seized under this 
title may, at any time hefore condemnation proceedings have heen 
instituted, as hereinafter provided, file his petition for its restora- 
tion in the district court of the United States, or the district court 
of the Canal Zone, or the court of first instance in the PhiMppine 
Islands, having jurisdiction over the place in which the seizure ivas 
made, whereupon the court shall advance the cause for hearing and 
determjlnation with all possihle dispatch, and, after causing notice 
to he given to the United States attorney for the district and to 
the person making the seizure, shall proceed to hear and^ decide 
whether the property seized shall he restored to the petitioner or 
forfeited to the United States. 

Sec. If. Wihenever the pei^son making any seizure under tJils title 
applies for and ohtains a warrant for the detention of the property, 
and (a) upon the heari,ng and determination of the petition of the 
owner or claimant restoration is denied, or {h) the otvner or claimant 
fails to file a petition for restoration within thirty days after the 
seizure, the United States attorney for the district wherein it was 
seized, upon direction of the Attorney General, shall institute lihel 
proceedings in the United States district court or the district court 
of the Canal Zone or the court of frst instance of the Philippine 
Islands having jurisdiction over the place wherein the seizure was 
made, against the property for condemnation; and if, after trial 
and hearing of the issues involved, the property is condemned, it 
shall he disposed of hy sale, and the proceeds thereof, less the legal 
costs and charges, paid into the Treasury. 

Sec. 5. The proceedings in such summary trials upon the petition 
of the owner or claimant of the property seized, as well as in the 
lihel cases herein, provided for, shall conform, as near 'as may he, to 
the proceedings In admiralty, except that either party may demand 
trial hy jury of any Issue of fact joined In such lihel cases, and all 
such proceedings shall he at the suit of and in the name of the United 
States: Provided, That upon the payment of the costs and legal 



10 ESPIONAGE BILL. 

expenses of hoth the summary triah and the libel proceedings herein 
provided for, and the execution and delivery of a good and^ sufficient 
hond in an amount double the value of the property seized, con- 
ditioned that it will not be exported or used or employed contrary 
to the provisions of this title, the court, in its discretion, may direct 
that it be deJivei^ed to the owners thereof or to the claimants thereof. 

Sec. 6. Except in those cases in which the exportation, of arms and 
Tnimitions of war or other articles is forbidden by proclamation or 
otherwise by the President, as provided in section one of this title, 
nothing herein contained shall be construed to extend to, or interfere 
with any trade in such commodities, conducted with any foreign port 
or place wheresoever, or with any other tirade which might have been 
lawfully carried on before the. passage of this title, under the law of 
nations, or under the treaties or conventions entered into by the 
United States, or under the l<iws thereof. 

Sec. 7. Upon payment of tlie costs and. legal expenses incurrd in 
any such sum.mary trial for possession or libel proceedings, the Presi- 
dent is hereby authorized, in his discretion, to order the release and 
restoration to the owner or claimant, as the case may be, of any 
property seized, or condemned under the provisions of this title. 

Sec. 8. The President may employ such part of the land or naval 
forces of the United States as he may deem, necessary to carry out the 
purposes of this title. 

Title VII. 
Certain exports in time of war unla.^vful. 

Section 1. Whenever during the present war the President shall 
-find that the public safety shall so require, and shall make proclama- 
tion thereof, it shall be unlawful to export from or ship from or take 
out of the United States to any country named in such proclamation 
any article or articles mentioned in such proclamxition, except at such 
time or times, and under such regulations and orders, and subject to 
such linyitations and exceptions as the President shall prescrihe, until 
otherwise ordered by the President or by Congress: Provided, how- 
ever. That no preference shall be given to the ports of one State over 
those of another. 

Sec. 2. Any person who shall export, ship, or take out, or deliver 
or attempt to deliver for export, shipment, or taking out, any article 
in violation of this title, or of any regulation or order made here- 
under, shall be fined not more than $10,000, or, if a natural person, 
imprisoned for not more than two years, or both; and any article so 
delivered or exported, shipped, or taken out, or so attempted to be 
delivered or exported, shipped, or taken out, shall be seized and for- 
feited to the United States; and any officer, director, or agent of a 
corporation who participates in any such violation shall be liable to 
like fine or imprisonment, or both. 

Sec. 3. Whenever there is reasonable cause to believe that any 
vessel, doniestic or foreign, is about to carry out of the United States 
any article or articles in violation of the provisions of this title the 
collector of customs for the district in tchich such vessel is located 
is hereby authorized and empowered, subject to review by the Sec- 
retary of Comm.erce, to refuse clearance to any mch vessel, domestic 
or foreign, for which clearance is required by law, and by formal 



ESPIONAGE BILL. 11 

notice served upon the oivners, master, or person or persons in co-m- 
mand or charge of any domestic vessel for which clearance is not 
required hy law, to forhld the departure of such vessel from the 
port, and it shall thereupon he vnla.wful for such vessel to depart. 
Whoever, in violation of any of the provisions of this section shall 
take, or attempt to take, or authorize the taking of any such vessel, 
out of port or from the 'jurisdiction of the United States, shall he 
fned not Tnore than $10,000 or impriso7ied not more than two years, 
or hoth; and, in addition, such vessel, her tackle, apparel, furniture, 
equipment, and her forbidden, cargo shall he forfeited to the United 
States. 

Title nil. 
Disturhance of foreign relations. 

Section 1. Whoever, in relation to any dispute or controversy he- 
tween a foreign government and the United. States, shall uylllfully 
and knounngly make any untrue statement, either orally or in wrlt- 
ing, under oath hefore any person authorized and empowered to ad- 
minister oaths, which the affiant has knowledge or reason to helieve 
will, or may he used to Influence the measures or conduct of any for- 
eign governnrient, or of any officer or agent of any foreign govern- 
ment, to the injury of the United States, or with a view or intent 
to influence any measure of or action hy the Government of the 
Uivlted States, or any hranch thereof, to the injury of the United 
States, shall he fined not more than $5,000 or imprisoned not more 
than five years, or hoth. 

Sec. 2. Whoever iclthln the jurisdiction of the United States shall 
falsely assume or pretend to he a diplomatic or consular, or other 
official of a foreign government d,uly accredited as such to the Gov- 
ei^nment of the Untted States with intent to defraud such 'foreigri 
government or any person, and shall take upon himself to act as suchy 
or in such pretended chaa^acter shall demand or ohtain, or attenvpt 
to ohtain from any person or from said foreign government, or from 
any officer thereof, any money, paper, document, or other thing of 
value, shell he fined not more than $5,000, or imprisoned not more 
than pve years, or hoth. 

Sec. 3. Whoever, other than a diplomatic or consular officer or 
attache, shall act in the United States as an agent of a foreign govern- 
ment without prior notification to the Secretary of State shall he fined 
not more than $6,000, or imprisoned not tnore than five years, oii 
hoth. 

Sec. 4' The words " foreign government^'' as used in this Act and 
in sections one hundred and fifty-six, one hundred and fifty-seven, 
one hundred and sixty -one ^ one hundred and seventy, one hundred 
and seventqj-one, one hundred and seventy-two, one hundred and 
seventy -three, and two hundred and twenty of the Act of March 
fourth, nineteen hundred and nine, entitled " An Act to codify, revise, 
and amend the penal laws of the United States,^'' shall he deemed to 
include any government, faction, or hody of insurgents ivithin a 
counti'y with which the United States is at peace, which government, 
faction, or hody of insurgents may or may not have heen recognized 
hy the United States as a government. 



12 ESPIONAGE BILL. 

Sec. 5. If two or more persons wUkin the jurisdiction of the United 
States conspire to injure or destroy specific property situated within 
a foreign country and belonging to a foreign government or to^ any 
political subdivision thereof with which the United States is ^ at 
peace., or any railroad., carud., bridge., or other public utility^ so^ situ- 
ated., and if one or more of such persons commits an act within the 
jurisdiction of the United States to effect the object of the conspiracy, 
each of the parties to the conspiracy shall be fined not more than 
$5,000., or imprisoned not more than three years, or both. Anyin- 
■dictment or information under this section shall describe the specific 
property ivhich it was the object of the conspiracy to injure or destroy. 

Title IX. 

Passports. 

Section 1. Before a passport is issued to any person by or under 
authority of the United States such person shall subscribe to and sub- 
mit a written application duly verified by Ms oath before a person 
authorised and empowered to administer oaths, which said applica- 
tion shall contain a true recital of each and every matter of fact 
which may be required by law or by any rules authorized by law to 
be stated as a prerequisite to the issuance of any such passport. 
Clerks of United States courts, a.gents of the Department of State, 
or other Federal officials authorized, or who may be OMthoHzed, to 
take passport applications and^ administer oaths thereon, shall col- 
lect, for all services in connection thei^ewith, « fee of $1, and no m.ore, 
in lieu of all fees prescribed by any statute of the United States, 
whether the application is executed singly, in duplicate, or in trip- 
licate. 

Sec. 2. Whoever shall willfully and knowingly make any false 
statement in an application for passport with intent to induce or 
secure the issuance of a passport under the authority of the United 
States, either for his own use or the use of another, contrary to the 
laws regtdating the isstoance of pas-sports or the rules prescribed 
pursuant to such latvs, or whoever shall willfully and knowingly 
use or attempt to use, or furnish to another for use, any passport 
the issue of which was secured in any way by reason of any false 
statement, shall be fined not more than $2,000 or imq)risoned not 
more than five years, or both. 

Sec. 3. Whoever shall willfully and knowingly use. or attempt to 
use, any passport issued or designed for the use of another than 
himself, or whoever shall willfully and knowingly use or attempt to 
use any passport in violation of the conditions or restrictions there- 
in contained, or of the imles prescribed pursuant to the laws regulat- 
ing the issuance of passports, which said rules shall be printed on 
the passport; or whoever shall unllfully and knowingly furnish, dis- 
pose of, or deliver a passport to any person, for use' by another than 
the person for whose use it was originally issued and designed, shall 
be fined not more than $3,000 or imprisoned not more than five years, 
or both. 

Sec. 4. Whoever shall falsely make, forge, counterfeit, mutilate, 
or alter, or cause or p7^ocure to be falsely made, forged, counterfeited, 
mutilated, or altered any passport or instrument purporting to be a 



ESPIONAGE BILL. 13. 

-passport, with intent to use the same, or with intent that the same 
may he used hy another i or ivhoeoer shall toillfully and knowingly 
use, or attempt to use, or furnish to another for use any such false, 
forged, counterfeited, mutilated, or altered^ passport or instrument 
purporting to he a passport, or any passport validly issued which 
has heconie void hy the occurrence of any condition therein pre- 
scrlhed invalidating the same, shall he fined not more than $2,000 or 
imprisoned not more than five years, or hoth. 

Title X. 

Counterfeiting Government seal. 

Section 1. Whoever shall fraudulently or wrongfully affix or im- 
press the seal of any executive departm.ent, or of any hureau, com<- 
mission, or office of the United States, to or upon any certificate, in- 
strument, commission,, document, or paper of any description^ or 
'whoever, with knawledge) of its fraudulent character, shall unth 
wrongful or fraudulent intent use, huy, procure, sell, or transfer to 
another any such certifcate, instrmnent, commi'Ssion, document, or 
paper, to which or upon which said seal has heen so fraudulently 
affixed or impressed, shall he fined not more than $5,000 or imprisoned 
not more than fire years, or hoth. 

Sec. 2. Whoever shall falsely make, forge, counterfeit, mutilatey 
or alter, or cause or procure to he made, forged, counterfeited ^ 
mutilated, or altered, or shall willingly assist in falsely making., 
forging, counterfeiting , mutilating, or altering, the seal of any 
executive department, or any hureau, commission, or offi,ce of the 
United States, or whoever shall knowingly use, affix, or impress any 
such fraudulently made, forged, counterfeited, m;utilated, or altered 
seal to or upon any certificate, instrument, commission, document, or 
paper, of any description, or whoever with wrongful or fraudulent 
intent shall have possession of any sueh falsely made, forged, counter- 
feited, mutilated, or altered seal, knowing the same to have heen so 
falsely made, forged, counterfeited, mutilated, or altered, shall he 
fined not mare than $5,000 or imprisoned not more than ten years, 
or hoth. 

Title XL 
Search warrants. 

Section 1. A search wai^rant authorized t/y this title muy he issued 
hy a judge of a United States district court, or by a judge of a State 
or Territorial court of record, or hy a United States commissioner 
for the district wherein the property sought is located. 

Sec. 2. A search wan^ant may he issued under this title upon either 
of the following grounds: 

1. When th£. property was stolen or emhezzled in violation of a 
law of the United States; in which case it may he taken on the war- 
rant from any house or other place in which it is concealed, or from 
the possession of the person hy whom> it was stolen or embezzled, or 
from any person in whose possession it may be. 

2. When the property was used as the means of committing a 
felony ; in which case it may be taken on the warrant from any house 



14 ESPIONAGE BILL, 

or other plaee in which it is concealed, or from the possession of the 
person hy irho/ti it was used in the commiission of the offense, or from 
any person m whose possession it may he. 

S. When the property, or any paper, is possessed, controlled, or 
used in isolation of section twenty-two of this title; in which case it 
may he taken on the loai'rant from the person violating said section, 
or from any person in whose possession it may he, or from any 
house or other place in which it is concealed. 

Sec. 3. A search warrant can not he issued hut upon prohahle cause, 
supported hy affidavit, ruumng m- descrihing the pei^son and partic- 
ularly descrihing the property and the place to he searched. 

Sec. If. The judge or commissioner must, hefore issuing the war- 
rant, exatnine on. oath the com/plainant and any witness he may pro- 
duce, and require their affidavits or take their depositions in writing 
and cause them to he subscribed hy the parties making them. 

Sec. 5. The affidavits or depositions must set forth the facts tend- 
ing to estahlish the grounds of the application or prohable caxise for 
helieving that they ej'ist. 

Sec. 6. If the judge or commissioner is thereupon satisfied of the 
existence of the grounds of the. application or that there is prohahle 
cause to helieve their existence, he Tnust issue a seai^ch warrant, signed 
hy him with his name of office, to a civil officer of the United States 
duly authorized to enforce or assist in enforcing any law thet'eof, or 
to a person so duly authorized hy the President of the United States, 
stating the particular grounds or prohahle cause for its issue and the 
names of the persbns whose affidavits have heen taken in support 
thereof, and commieunding him forthivith to search the person or 
place named, for the property specified, and to hring it hefore the 
judge or commissioner. 

Sec. 7. A search warrant may in all cases he served hy any of tJie 
officers mnentioned in its direction, hut hy no other person, except in 
aid of the^ officer on his requiring it, he heing present a7id acting iri 
its execution. 

Sec. 8. The officer may hreak open any outer or inner door or 
window of a house, or any part of a house, or anything therein, to 
execute the warrant, if, after notice of his authority and purpose, he 
is refused admittance. 

Sec. 9. He may hreak open amj outer or* inner door or window 
of a house, for the purpose of liherating a person who, having entered 
to aid him in the execution of the warrant, is detained tfierein, or 
when necessary for his own liberation. 

Sec. 10. The judge or commissioner must insert a direction in the 
warrant that it he served in the daytime, unless the affidavits are 
positive that the property is 07i the person or in the place to he 
searched, in which case he may insert a direction that it he served at 
any time of the day or night. 

Sec. 11. A search warrant must he executed and returned to the 
judge or commissioner who issued it within ten days after its date; 
after the expiration of this time the warrant, unless executed, is void. 

Sec. 12. When the officer takes property under the warrant, he 
must give a copy of the warrant together with a receipt for the prop- 
erty taken {specifying it in detail) to the person from whom it was 
taken hy him, or in whose possession it was found; or, in the ahsenee 



ESPIONAGE BILL. 15 

of any person^ he rrmst leave it in the place ivh-ere he found the 
property. 

Sec. 13. The officer must forthwith return the warrant to the 'judge 
or commissioner and' deliver to him a written inventory of the prop- 
erty taken, made puhliely or in the presence of the person from, whose 
possession it was taken-, and of the applicant for the warrant, if they 
are present., verified hy the affidavit of the officer at the foot of the 
inrentory and taken he fore the judge or com/missioner at the time, to 
the following effect: " /, R. /S., the officer by whom this warrant was 
executed, do swear that the above inventory contains a true and 
detailed account of all the property taken by me on the watTant.'''' 

Sec. IJf. The judge or commissioner must thereupon, if required., 
deliver a copy of the inventory to the person frovfi whose possession 
the property was taken and' to the applicant for the wan-ant. 

Sec. Id. If the grounds on which the warrant was issued be con- 
troverted, the judge or conimissioner must proceed to take testirtiony 
in relation thereto, and the testimony of each witness must be reduced 
to writing and subscribed by each witness. 

Sec. 16. If it appears that the property or paper taken is not the 
same as that descrihed in the warrant or that there is no probable 
cause for believing the existence of the grounds on which the wai^rant 
was issued, the judge or commissioner must cause it to be restored 
to the person from whom it teas taken,' but if it appears that the 
property or paper taken is the same as that described in the warrant 
I and that there is probable cause for believing the existence of the 
grounds on which the warrant was issued, then the judge or com- 
missioner shall order the same retained in the custody of the person 
seizing it or to be otherwise disposed of according to law. 

Sec. 17. The, judge or commissioner must annex the affidavits, 
search warrant, return, inventory, and evidence, and if he has not 
power to inquire into the offense in respect to which the warrant was 
issued he must at once file the same, together with a copy of the 
record of his proceedings, with the clerk of the court having power 
to so inquire. « 

Sec. 18. Whoever shall knowingly and willfully obstruct, resist, 
or oppose any such officer or person in serving or aMevhpting to serve 
or execute any such search warrant, or shall assault, bea.t, or wound 
any such officer o-r person, knowing him to be an officer or person so 
authorized , shall be fined not more than $1J)00 or imprisoned not 
more than two years. 

Sec. 19. Sections one hundred and twenty-five and one hundred 
ind twenty-six of the Crimirial Code of the United States shall 
ipply to and embrace all persons making oath or a>ffi,rm,ation or pro- 
'uHng the same under the provisions of this title, and such persons 
hall be subject to all tlie pains and penalties of said sectio'ns. 
I Sec. 20. A person who maliciously and without probahle cause 
\>rocures a search warrant to be issued and executed shall be fined 
[M more than $1,000 or imprisoned not more than one year. 
I Sec. 21. An officer who in executing a search warrant willfully 
ixceeds his authority, or exercises it with unnecessary severity, shall 

!e fined not more than $1,000 or imprisoned not more than one year. 
Sec. 22. Whoever, in aid, of any foreign government, shall know- 
%gly and willfully have possession of or control over any property 



16 ESPIONAGE BILL. 

or j)apers designed or intended for use or whieh is used as the means^ 
of violating any penal statute, or any of the rights or ohligations of 
the United States under any treaty or the law of 7iations, shall he 
fined not more than $U000 or imprisoned not more than two years, 
or hoth. 

Sec. 23. Nothing contained in this title shall he held to repeal or 
im,pair any existing provisions of law regidating search and the issue 
of search loarrants. 

Title XII. 
Use of mails. 

Section 1. Every letter., writing., circular, postal card., picture., print, 
engrailing ., photograph, newspaper, pamphlet, hook, or other puhli- 
cation, matter, or thing, of any kind, in violation of any of the 
provisions of this Act, or intended or calculated to induce, pi'omote, 
or further any of the aets or things hy any provision of this Act 
declared unlawful, is herehy declared to he nonmailahle matter and 
sh<dl not he conveyed in the mails or delivered from any post offi(< 
or hy any letter earner: Provided, That nothing in this Act sh(dJ 
he so construed as to authorize any person other than an employ a 
of the Dead Letter Office., duly authorized thereto, or other person 
upon a search warrant anthoHzed hy law, to open any letter not 
addressed to himself. 

Sec. 2. Every letter, writing, circular, postal card, picture, print, 
engraving, photograph, newspaper, pamphlet, hook, or other puhlica- 
iio7i, matter or thing, of any kind, containing any matter advocating 
or urging treason, insurrection, or forcible resistance to any law of 
the United States, is herehy declared to he nonmailahle. 

Sec. 3. Whoever shall use or attempt to u^se the mails or Postal 
Service of the United States for the transmission of any tnatter de- 
clared hy this title to he rwnmailahle, shall he fined not more than 
$5,000 or imprisoned not more than five years, or hoth. Any person 
violating any^ provision of this title may he tried and punished either 
in the district in which the umlawful matter or puhlication wax 
mailed, or to which it was car)4ed hy mail for delivery according to 
the direction thereon, or in which it was caused to he delivered hy 
mail to the person to whom it was addressed. 

Title XIII. 

(reiwral provisions. 

Section 1. The term " United States " as used in this Act includes 
the Canal Zone and all territory and waters, continental or insular, 
suhject to the jurisdiction of the United States. 

Sec. 2. The several courts of first instance in the Philippine Islands 
and the district court of the Canal Zone shall have jurisdiction of 
offenses under this Act committed within their respective districts, 
and concurrent jurisdiction with the district courts of the United 
States of offenses under this Act committed upon the high sea.'^, and 
of conspiracies to comnvit such offenses, as defined hy section thirti/- 
seven of the Act entitled ''An Act to codify, revise', and aincnd the 



ESPIONAGE BILL. 17 

penal laws of the United States,''^ approved March fourth, nineteen 
hundred and nine, and the provisions of said section, for the purpose 
of this Act, are hereby extended, to the Philippine Islands, and to the 
Canal Zone. In such cases the district attorneys of the Philippine 
Islands and of the Canal Zone shall have the potrcrs and perform the 
duties provided in this Act for United States attorneys. 

Sec. 3. Offenses committed and penalties, forfeitures, or liabilities 
incurred prior to the taking effect hereof under any law embraced 
in or changed., modified, or repealed hy any chapter of this Act m,ay 
he prosecuted and punished, and suits and proceedings for catises 
arising or acts done or cornmitted prior to the taking effect hereof 
may he cornmenced and prosecuted, in the same manner and with the 
same effect as if this Act had not heen passed. 

Sec. If. If any clause, sentence, paragra<ph, or part of this Act shall 
for any reason he adjudged hy any court of competent ju7'isdiction 
to he invalid, such judgment shall not affect, impair, or invalidate 
the remainder thereof hut shall he confined in its operation to the 
clause, sentenee, paragraph, or part thereof directly involved in the 
controversy in which such judyment shall have heen rendered. 
And the Senate agree to the same. 

E. Y. Webb, 
C. C. Carlin, 
A. J. Volstead, 
Managers on the part of the House. 
Lee S. Overman, 
Duncan U. Fletcher, 
Knute Nelson, 
Managers on the part of the Senate. 
H. Kept. 65, 65-1 2 



STATEIMENT OF THE MANAGERS ON THE PART OF THE HOUSE. 

On May 4, 1917. when the House passed this bill and sent it to the 
Senate, the Senate was already considering a similar bill (S. 2) which 
had been introduced in the Senate. The Senate continued the con- 
sideration of its bill and after perfecting and agreeing to it, took up 
the House bill and without considering it in its detailed provisions, 
adopted the Senate bill, as it had been perfected, as an amendment 
for the House bill by striking out all of the House bill after the enact- 
ing clause and substituting the Senate bill, as it had been agreed upon 
in the Senate. It therefore became the duty of the conferees to 
weld these two bills into one by adopting the provisions from one 
or the other with such amendments as seemed necessary to the con- 
ferees, within the limits of the conference, to perfect the bill and 
bring its various provisions into harmony. 

In the main the two bills contained similar provisions, but ex- 
pressed in different language. The conferees took up the Senate 
amendment and made it the basis of their final agreement. Some of 
the sections were agreed to as written, others were amended so as 
to embody provisions contained in the House bill, or sections ivom 
the House bill were sulistituted for them, and in a fcAv instances 
sections were rewritten in conference in order to harmonize the views 
of the two Houses. 

It would be very difficult to point out in minute detail the differ- 
ences between the bill as it passed the House and that agreed upon in 
conference, and this would serve no very useful purpose, since they 
can be as easily ascertained by a comparison. The material changes 
made in the Plouse bill are, however, pointed out below. 

ARRANGEMENT. 

Chapter 2 of the Senate amendment was brought forward and 
made chapter 1, thereby making the order of chapters conform to 
the order of titles in the Hou.se bill. The conferees adopted the 
House plan of designating the main subdivisions of the bill as 
" title " instead of " chapter." The several sections under each title 
were consecutively numbered, beginning in each title with section 1. 

Title I. — Espionage. 

The several provisions under this title in the conferees' report 
do not materially change the provisions of this title as passed by the 
House. Section 1 sets out the places connected with the national 
defense to which the prohibitions of the section apply while the 
similar provision of the House bill designates such places in general 
terms. 

Section 2 of the House bill made the person guilty for doing the 
things enumerated therein "with intent or knowledo-e o*r reason to 
18 



ESPIONAGE BILL. ' 19 

believe that it is to be used to the injury of the Ignited States." 
Under section 2 (a) as agreed upon, this provision is made to read, 
" with intent or reason to believe that it is to be used to the injury 
of the United States or to the advantage of a foreign nation.'' 

Section 3 is not materially changed from the provision contained 
in the bill as it passed the House, except by the addition thereto of 
the following provision : " or shall willfully obstruct the recruiting 
or enlistment service of the United States to the injury of the service 
or of the United States." 

Section 4 as agreed to materially modifies this section as it passed 
the House. It describes specificallj^ the character of information 
useful to the enemy which shall not be published and makes it un- 
lawful to publish it. It leaves out the part that requires the Presi- 
dent by proclamation to determine the character of information pro- 
hibited and the existence of the national emergency, but authorizes 
the President, by proclamation, to declare the character of such pro- 
hil^ited information which is not useful to the enemy and thereupon 
it makes it lawful to publish such information. 

Section 7 was not in the House bill but was taken from the Senate 
amendment. It was adopted because of the changes made in section 
1, and for the further reason that section 1202 of the House bill, 
which gave the words " national defense " a broad meaning, was 
stricken out. 

Title II. — Vessels in ports of the United States. 

No material change was made in any of the sections under this 
title from tho.se contained in the House bill. 

Title III. — Injuring vessels engaged in foreign commerce. 

The House provisions under this title were not materially 
changed. 

Title IV. — Interference with foreign commerce hy 'violent means. 

The provisions of the House bill under this title were changed 
in conference by striking out the clause which protected the places 
wliere the articles i-efei'red to were " produced or stored " and 
substituting similar protection to " the places where they may be 
while in such foreign commerce." 

Title V. — ■Enforcem.ent of neutrality. 

No material change was made in the provisions under this title. 
The power given to the Secretary of the Treasury under section 505 
of the House bill was transferred in conference to the Secretary of 
Commerce. This amendment was adopted to make the bill conform 
to the policy adopted heretofore. 

Title VI. — Seizure of arms and other articles intended for export. 

' Section 1 not only authorizes the seizure of arms and munitions of 
I war about to be exported., shipped from, or taken out of the United 
States, in violation of law, as provided by section 1 of the House bill, 
\ but adds " or other articles " so exported, etc. 



20 * ESPIONAGE BILL. 

Section 6 did not appear in the bill as it passed the House but was 
taken from the Senate amendment. It makes no material change in 
the bill and adds no new matter. It is but a legislative declaration 
that the provisions of this title are not to be interpreted to extend by 
implication to articles in commerce other than those forbidden by 
the President's proclamation as expressly provided for.^ 

Other sections under this title have not been materially changed. 

Title VII. — Certain exports in time of war unlawful. 

None of the provisions of this title were contained in the bill as it 
passed the House. It was taken, after some modifications and 
amendments from the Senate amendment. 

The provisions of this title are limited to the period of the present 
war, and vest in the President the power to regulate exportations, 
etc., whenever he shall find that the public safety shall so require. 
These provisions were agreed to in conference because of the present 
necessity that this power should be vested in some responsible head 
in order that we may better conserve our resources and more ef- 
ficiently use both our exports and our exporting facilities to aid in 
the prosecution of the war, as well as to safeguard them from being 
used in such a way as to finally benefit the enemy. 

Title VIII. — Disturbance of foreign relations. 

Section 5 was so amended as to include, in addition to property 
situated within a foreign country and belonging to a foreign gov- 
ernment or a political subdivision thereof with which the United 
States is at peace, also " any railroad, canal, bridge, or other public 
utility so situated," and the provision that " such injury or destruc- 
tion would constitute a crime punished by imprisonment under the 
laws of the United States," was stricken out. The remaining pro- 
visions under this title were not materially changed in conference. 

Title IX. — Passports. 

No material change was made in conference of the provisions of 
this title. 

Title X. — C ounterfeiting Government seal. 

No material change was made in conference of the proA'isions of 
this title. 

Title XL — Search warrants. 

This title was entirely rewritten in conference. The new title as 
presented by the conferees was based upon the New York law on 
this subject, and follows generally the policy of that law. It has 
written into it, many of the provisions of the title as passed by the 
House. 

Title XII. — Use of mails. 

Section 1100 of the bill as it passed the House was rewritten into 
sections 1 and 2 of the bill reported by the conferees. The material 
additions made in section 1 to the provisions contained in section 
1100, are: 



ESPIONAGE BILL. 21 

(1) The things enumerated, in violation of any of the provisions 
of the act, are also made nonmailable if "intended or calculated to 
induce, promote, or further any of the acts or things by any pro- 
vision of this act declared unlawful." 

(2) The following proviso was added: ^^ Provided, That nothing 
in this act shall be so construed as to authorize any person other than 
an employee of the Dead Letter Office, duly authorized thereto, or 
other person upon a search warrant authorized by law, to open any 
letter not addressed to himself." 

Section 2 of the title as reported by the conferees, substitutes for 
" of a treasonable character, or of a character advocating the destruc- 
tion of or injury to the Government by violence," the following: 
" containing any matter advocating or urging treason, insurrection, 
or forcible resistance to any law of the United States." 

The other provisions under this title have not been materially 
changed. 

Title XIII. — General p7'Ovisions. 

Sections 1200 and 1201 of the bill as it passed the House have not 
been changed. Section 1202 has been stricken out for the reason 
that the amendments in the several sections of the bill made this 
section unnecessary. Sections 3 and 4 as reported by the conferees 
are new sections added by the conferees. 

Section 3 appeared at several different places in the Senate amend- 
ment. It was stricken out at these several places in the bill and 
added under this title and made applicable to the entire bill. 

Section 4 was added, following the precedents in other legislation, 
as a declaration of the intent of Congress, to guide the courts in 
event the constitutionality of any of the numerous provisions con- 
tained in the bill are hereafter brought in question. 

E. Y. Webb, 
C. C. Carlin, 
A. J. Volstead, 
Managers on the fart of the House. 

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